Requests for Additional Evidence To Support Immigrant Visa Petitions

SUMMARY: This document proposes to amend Immigration and Naturalization

Service (Service) regulations by providing a petitioner in an immigrant

visa petition proceeding with a period of 12 weeks to respond to the

Service's request for additional information and/or documentation. This

amendment is necessary to ensure that the time provided for response in

certain immigration proceedings is consistent with the requirements

contained elsewhere in Service regulations. If adopted, this rule would

have a beneficial impact on all parties and will provide consistency

among Service regulations relating to processing procedures for certain

immigrants.

DATES: Written comments must be received on or before September 19,

1994.

ADDRESSES: Please submit written comments in triplicate to the Records

Systems Division, Director, Policy Directives and Instructions Branch,

Immigration and Naturalization Service, 425 I Street NW., Room 5307,

Washington, DC 20536. To ensure proper and timely handling, please

reference INS Number 1659-94 on your correspondence.

FOR FURTHER INFORMATION CONTACT:

Jack Tabaka, Senior Immigration Examiner, Office of Adjudications,

Immigration and Naturalization Service, 425 I Street NW., Washington,

DC 20536, telephone (202) 514-5014.

SUPPLEMENTARY INFORMATION: Occasionally, the Service receives an

application or petition along with supporting documentation which meets

the threshold evidentiary requirements for a particular immigration

benefit. However, upon closer review, the Service may determine that

the supporting documentation fails to properly or adequately establish

eligibility for the immigration benefit requested, or raises questions

that must be answered before the Service can adjudicate the case. In

such an instance, the Service provides the applicant or petitioner with

an opportunity to respond to its questions and/or to submit additional

evidence, which may include original documentation, in support of the

request for immigration benefits.

Regulations at 8 CFR 103.2 (b)(5) and (b)(8), which were added by a

final rule published on January 11, 1994, at 59 FR 1455-1466, require

that the petitioner or applicant submit the requested supporting

documentation, answers, and/or, original documentation to the Service

within 12 weeks. That final rule inadvertently conflicts with the

existing regulation at 8 CFR 204.1(h), under which a petitioner in an

immigrant visa petition proceeding must respond to the Service within

60 days, unless an extension is granted. This rule proposes to amend 8

CFR 204.1(h) to conform with the 12-week provision of 8 CFR 103.2

(b)(5) and (b)(i), thereby guaranteeing the petitioner or applicant

more than 60 days in which to respond to a request for additional

information.

Regulatory Flexibility Act

The Commissioner of the Immigration and Naturalization Service, in

accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has

reviewed this regulation and by approving it certifies that the rule

will not have a significant economic impact on a substantial number of

small entities for the following reason: the proposed rule is

administrative in nature and is necessary in order to ensure that the

time period for a petitioner to respond to the Service's request for

additional information and/or documentation in immigrant visa

proceedings is consistent with 8 CFR 103.2 (b)(5) and (b)(8).

Executive Order 12866

This rule is not considered by the Department of Justice,

Immigration and Naturalization Service, to be a ``significant

regulatory action'' under Executive Order 12866, Sec. 3(f), Regulatory

Planning and Review, and the Office of Management and Budget has waived

its review process under section 6(a)(3)(A).

Executive Order 12612

The regulations proposed herein will not have substantial direct

effects on the States, on the relationship between the National

Government and the States, or on the distribution of power and

responsibilities among the various levels of government. Therefore, in

accordance with Executive Order 12612, it is determined that this rule

does not have sufficient Federalism implications to warrant the

preparation of a Federalism Assessment.

Executive Order 12606

The Commissioner of the Immigration and Naturalization Service

certifies that she has assessed this rule in light of the criteria in

Executive Order 12606 and has determined that this regulation will have

no adverse effect on family well-being. This regulation will provide

consistency in Service regulations as they relate to processing

procedures for certain immigrants.

List of Subjects in 8 CFR Part 204

Administrative practice and procedure, Aliens, Immigration,

Reporting and recordkeeping requirements.

Accordingly, part 204 of chapter I of title 8 of the Code of

Federal Regulations is proposed to be amended as follows:

PART 204--IMMIGRANT PETITIONS

1. The authority citation for part 204 continues to read as

follows:

Authority: 8 U.S.C. 1101, 1103, 1151, 1153, 1154, 1182, 1186a,

1255; 8 CFR part 2.

2. In Sec. 204.1, paragraph (h) is revised to read as follows:

Sec. 204.1 General information about relative petitions.

* * * * *

(h) Requests for additional evidence. Unless otherwise provided in

this chapter, requests by the Service for additional evidence shall be

governed by the provisions of 8 CFR 103.2 (b)(5) and (b)(8).

Dated: June 13, 1994.

Doris Meissner,

Commissioner, Immigration and Naturalization Service.

[FR Doc. 94-17473 Filed 7-18-94; 8:45 am]

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